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9. In article 40(1)—
(a)in paragraph (1), for “any tree pest to which this article applies” substitute “any notifiable tree pest”;
(b)after paragraph (1A), insert—
“(1B) If the Commissioners become aware of the presence or suspected presence of Xylella fastidiosa (Wells et al.) in any place or area in England or Scotland, the Commissioners shall ensure that any person having under their control trees which may be infected by Xylella fastidiosa (Wells et al.) is immediately informed of—
(a)its presence or suspected presence;
(b)the possible consequences arising from its presence or suspected presence; and
(c)the measures to be taken as a result.”;
(c)in paragraph (2), for “This article applies to” substitute “In paragraph (1), “notifiable tree pest” means”.
Article 40 was amended by S.I. 2006/2696 and 2014/2420.
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